1. (1) All accidents in which the operator was involved shall be identified on a public driver record abstract prepared under s. 343.23 (2), Stats., unless any of the following apply:

   1. (a) The vehicle was legally parked as described in s. Trans 100.025 (2).
   2. (b) The accident did not meet the criteria requiring reporting to the department under s. 346.70 (1), Stats.

2. (2) If a law enforcement officer, fire fighter, emergency medical technician, first responder, or winter highway maintenance worker is involved in an accident in the course of that employment, any person filing an accident report shall note that the person involved in the accident was on duty at the time of the accident. The department shall note that on-duty status on a public abstract of the on-duty operator’s driver record with the entry related to the accident.

   Note: See s. 343.23 (2), Stats. See also s. Trans 100.02 for the definitions of law enforcement officer, EMT, first responder, winter highway maintenance worker and fire fighter.

3. (3) Notwithstanding sub. (1), a law enforcement officer, emergency medical technician, first responder or fire fighter may request a reportable accident not be reported on a public abstract of their driver record by submitting the approved form. The licensee must show that one or more of the following conditions existed at the time of the accident:

   1. (a) The operated vehicle was legally parked under the exemptions of s. 346.03, Stats., and the flashing, oscillating or rotating warning lights were in use.
   2. (b) The operator of the emergency vehicle intentionally collided with the other vehicle.

   3. (c) The operator of the other vehicle intentionally collided with the emergency vehicle.

      Note: Form MV 3347--Emergency Vehicle Involvement. Highway maintenance workers are not eligible for suppression of an accident report under this subsection.

History

History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; renum. Trans 100.05 to be (1), cr. (2), (3), Register, April, 1994, No. 460, eff. 5-1-94; CR 01-156: am. (1), (2) and (3) (intro.), (b) and (c) Register October 2005 No. 598, eff. 11-1-05; CR 22-048: am. (3) (intro.) Register July 2023 No. 811, eff. 8-1-23.